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Hiotographic 

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23  WEST  Main  street 

W^B'tTER,  N. '.  14580 
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CIHM/ICMH 

MKcrofiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historica!  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


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the  usual  method  of  filming,  are  checked  below. 


D 


Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommagde 

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Couverture  restaurde  et/ou  pelliculde 

Cover  title  missing/ 

Le  titre  de  couverture  manque 

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Bound  with  other  material/ 
Relid  avec  d'autres  documents 


a 


n 


D 


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Lareliure  serr^e  peut  causer  de  I'ombre  ou  de  k< 
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Pages  damaged/ 
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I      I    Pages  damaged/ 

I      I    Pages  restored  and/or  laminated/ 


v/ 


Pages  discoloured,  stained  or  foxed/ 
Pages  ddcolor^es,  tachetdes  ou  piqu6es 


□    Pages  detached/ 
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I      I    Showthrough/ 


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Includes  supplementary  materi{ 
Comprend  du  matdriel  supplementaire 

Only  edition  available/ 
Seule  Edition  disponible 


I      I    Quality  of  print  varies/ 

I      I    Includes  supplementary  material/ 

I      I    Only  edition  available/ 


D 


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ensure  the  best  possible  image/ 
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Ce  document  est  film6  au  taux  de  reduction  indiqu6  ci-dessous. 

10X  14X  18X  22X 


>/ 


12X 


16X 


20X 


26X 


30X 


24X 


28X 


n 

32X 


Th«  copy  filmad  here  has  been  reproduced  thanks 
to  the  generosity  of: 

Library  Division 

Provincial  Archives  of  British  Columbia 

The  images  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


Original  copies  in  printed  papftr  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impes- 
sion,  and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  — ♦-  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


L'exer  plaire  film*  fut  reproduit  grAce  A  la 
g*n«rosit*  da: 

Library  Division 

Provincial  Archives  of  British  Columbia 

Les  images  suivantes  ont  At*  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  nettet*  de  I'exemplaire  film*,  et  en 
conformit*  avec  les  conditions  du  contrat  de 
filmage. 

Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprim*e  sont  film*s  en  commengant 
par  le  premier  plat  et  en  terminant  soit  par  la 
derni*re  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  film*s  en  commen^ant  par  la 
premi*re  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  derni*re  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaitra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  — ^  signifie  "A  SUIVRE",  le 
symbole  V  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  *tre 
film*s  *  des  taux  de  r4duction  diff*rents. 
Lorsque  le  document  est  trop  grand  pour  *tre 
reproduit  en  un  seul  clich*,  il  est  film*  *  partir 
de  I'angle  sup*rieur  gauche,  de  gauche  *  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  n*cessaire.  Les  diagrammes  suivants 
illustrent  la  m*thode. 


1 

2 

3 

^      .  "    ■ 

r  t 

3 

4 

5 

6 

I  XS' 


»u 


OREGON 

?i{l/  MR.  P4KENHAM, 

I'lIE    BRITISH    PLENIPOTENTIARY'S 

REPLY  TO  THE 

AMERICAN   GOVERNMENT, 

Washington,  Julv  2'Jth,  1815, 

Notwithstanding  the  prolix  discussion  which  the  snhject  has  already  undergone,  tlie  under- 
signed, Her  l$ritannic  Majesty's  Envoy  Extraordinary  and  Minister  I'lenipotcntiary,  feels  obliged 
to  place  on  record  a  few  observations  in  reply  to  the  statement,  marked  J.li.,  which  he  had  the 
honour  to  receive,  on  the  16th  of  this  month,  from  the  hands  of  the  Secretffry  of  State  of  the 
United  States,  terminating  with  a  proposition  on  the  part  of  the  United  States  for  the  settle- 
ment of  the  Oregon  question. 

In  this  paper  it  is  stated  that  "the  title  of  the  Uijited  States  to  that  portion  of  the  Oregon  terri- 
tory between  the  valley  of  the  Columbia  and  the  Russian  line,  in  54°  40'  north  latitutie  is  re- 
corded in  the  Florida  treaty.  Under  this  treaty,  dated  on  22d  February,  1819,  Spain  coded  to  the 
United  States,  all  her  rights,  claims,  and  pretensions  to  any  territories  west  of  the  Rocky  Moun- 
tains, and  north  of  the  42d  parallel  of  latitude."  "  We  contend,"  says  tlie  Secrctarj'  of  State, 
"that  at  the  date  of  this  convention,  Spain  had  a  good  title,  as  against  Great  Britain,  to  tlie  wlioh; 
Oregon  territory,  and,  if  this  be  established,  the  question  is  then  decided  in  favour  of  the  Uniteil 
States,"  the  convention  between  Great  Britain  and  Spain,  signed  at  the  Escurlal,  on  the  28th 
October,  179f),  notwithstanding. 

"If,"  says  the  American  plenipotentiary,  "it  should  appear  that  this  treaty  was  transient  in  its 
very  nature;  that  it  conferred  upon  Great  Britain  no  right  but  that  of  merely  trading  with  the 
Indians,  whilst  the  country  should  remain  unsettled,  and  making  the  necessary  establishments 
for  this  purpose,  that  it  did  not  interfere  with  the  ultimate  sovereignty  of  Spain  over  the  terri- 
tory ;  and,  above  all,  that  it  \;as  annulled  by  the  war  between  Spain  Jind  Great  IJrilain,  in  1790, 
and  has  never  since  been  renewed  by  the  parties,  then  the  British  claim  to  any  portion  of  the 
territory  will  prove  to  be  destitute  of  foundation." 

The  undersigned  will  endeavour  to  show  not  only  that  when  Spain  concluded  witli  the  Uniteil 
States  the  treaty  of  1819,  commonly  called  the  Florida  treaty,  the  convention  concluded  between 
the  former  Power  and  Great  Britain,  in  1790,  was  considered  by  the  parties  to  it  to  be  still  in 
force  ;  but  even  that,  if  no  such  treaty  had  ever  existed.  Great  Britain  would  stand,  with  refer- 
ence to  a  claim  to  the  Oregon  territory,  in  a  position  at  least  as  favourable  as  the  United  States. 

The  treaty  of  1790  is  not  appealed  to  by  the  British  Government,  as  the  American  plenipoten- 
tiary seems  to  suppose,  as  their  "main  reliance"  in  the  present  discussion ;  it  is  appealed  to  to 
show  that,  by  the  treaty  of  1819,  by  which  "Spain  ceded  to  the  United  States  all  her  lights, 
claims,  and  pretensions  to  any  territories  west  of  i  he  Rocky  Mountains,  and  north  of  the  4  2(1 
parallel  of  latitude,"  the  United  States  acquired  no  right  to  exclusive  dominion  over  any  part  of 
the  Oregon  territory. 

The  treaty  of  1790  embraced,  in  fact,  a  variety  of  objects.  It  partook  in  some  of  its  stipula- 
tions of  the  nature  of  a  commercial  convention  ;  in  other  respects  it  must  be  considered  as  an 
acknowledgment  of  existing  rights,  an  admission  of  certain  principles  of  international  law,  not  to 
be  revoked  at  the  pleasure  of  cither  party,  or  to  be  set  aside  by  a  cessation  of  friendly  relations 
between  them. 


\) 


(<HfifiK?wWHMfiJ'(«i 


mt 


.— iiiiasji-ii^j 


-.^■■..^■■•uWJiiiU.-- 


■■■| 


"Viewed  in  the  former  light,  its  stii)ulations  might  have  been  considered  as  cancelled  in  con- 
sequence of  the  war  which  subsequently  took  place  between  the  contracting  parties,  were  it  not 
that  by  the  treaty  concluded  at  Madrid,  on  the  28th  of  August,  1814,  it  was  declared  tluit  all  tlie 
treaties  of  commerce  which  subsisted  between  the  two  nations  (Great  Britain  and  Spain)  in  1790 
were  thereby  ratified  and  confirmed. 

In  the  latter  point  of  view,  the  restoration  of  a  state  of  peace  was  of  itself  sufficient  to  restore 
the  admissions  contained  in  the  convention  of  1790  to  their  full  original  force  and  vigour. 

There  are,  besides,  very  positive  reasons  for  concludinf  that  Spain  did  not  consider  the  stii»u- 
lations  of  the  Nootka  convention  to  have  been  revoked  by  the  war  of  1796,  so  as  to  require,  in 
order  to  be  binding  on  her,  that  they  should  have  been  expressly  revived  or  renewed  on  the  resto- 
ration of  peace  between  the  two  countries.  Had  Spain  considered  that  convention  to  have  lieen 
annulled  by  the  war — in  other  words,  had  she  considered  herself  restored  to  her  former  position 
and  pretensions  with  respect  to  the  exclusive  dominion  over  the  unoccupied  parts  of  the  North 
Amerisan  continent,  it  is  not  to  be  imagined  that  she  would  have  passively  submitted  to  see  the 
contending  claims  of  Great  Britain  and  the  United  States  to  a  portion  of  that  territory  the  sub- 
ject of  negotiation  and  formal  dipl  iiuatic  transactions  between  those  two  nations. 

It  is,  on  the  contrary,  from  her  silence  with  respect  to  the  continued  occupation  by  the  British, 
of  their  settlements  in  the  Columbia  territory,  subsequently  to  the  convention  of  1814,  and  when, 
as  yet,  there  had  been  no  transfer  of  her  rights,  claims,  or  pretensions  to  the  United  States  ;  and 
from  her  silence  also,  while  important  negotiations  resjjecting  the  Columbia  territory,  incomi)a- 
tible  altogether  with  her  ancient  claim  to  exclusive  dominion,  were  in  progress  between  Great 
Britain  and  the  United  States,  fairly  to  be  infeiTcd  that  Spain  considered  the  stipulations  of  the 
Nootka  convention,  and  the  principles  therein  laid  down,  to  be  still  in  force- 
But  the  American  plenipotentiary  goes  so  far  as  to  say  that  the  British  Government  itself  had 
no  idea  in  1818.  that  the  NootKa  Soi 


The  ur 
Sound  C( 
By  re  as 
expressly 
By  reas 
not  to  be 
of  the  coi 
And,  tl 
conclusio 
or  at  leas 
Having 
tentiary  > 
bearing  u 
even  if  tl 
to  her  clc 
as  good  a 
This  b 
of  their  \ 
territory 
affirmativ 
ration,  at 
As  reh 
ment  tha 
ment  of  t 
"The 
of  Februi 
west  coas 
United  S 
complete 
The  tit 
If  this 
previousl 
the  same 
Thus, 
the  clain 
ciple,  eqt 
Let  us 
authentic 
Reject  I 
catcd,  it 
Flattery, 
verer  of ! 
very  of  t' 
Inl7S 
Straits  o 
In  the 
at  the  vi 
Inl7i 
memoral 
the  right 
of  the  A 

the  possi 

In  175 
mentioni 
Sound,  e 
sides,  dis 
thus  circ 
to  Vance 
presentei 
territory 

While 
a  partne 
of  the  ri 
effected 
from  sea 
pany  est 

In  181 
and  the 

In  the 
northerr 
ously  dis 

From 
tory  was 
the  Ore  J 
regions 


i 
Y'S 


1845. 

lie  uiider- 
;ls  obliged 
ic  had  the 
ate  of  tlie 
he  scttlc- 

egoii  terri- 
utlc  is  re- 
ded to  the 
:ky  Muini- 

of  State, 
tlie  wliolc 
the  United 

the  2Htli 

sicnt  in  its 
with  tlic 
bliblinients 
the  terri- 
n,  in  17'JG, 
on  of  tlie 

the  United 
id  between 
)e  still  in 
vith  refer- 
ted  States, 
ilenipoten- 
ialed  to  to 
ler  lights, 
F  the  4 2d 
iny  part  of 

ts  stipida- 

red  as  an 

law,  not  to 

relations 

d  in  con- 
vere  it  not 
^hat  all  the 
n)iul7y(i 

to  restore 
fonr, 

•  thestipu- 
•equirc,  in 
the  resto- 
have  been 
jr  position 
the  >i(»rth 
to  see  the 
y  the  sub- 
he  British, 
and  \^hcn, 
tates ;  and 
I  inconi])a- 
een  Great 
ions  of  the 

t  itself  had 


H 

The  undersigned  trusts  that  he  has  now  shown  that  the  convention  of  1790,  (the  Nootka'- 
Sound  Convention),  has  continued  in  full  and  complete  force  up  to  the  present  moment. 

F5y  reason,  in  the  first  place,  of  the  commercial  character  of  some  of  its  provisions,  as  such 
expressly  renewed  by  the  convention  of  August,  1814,  between  Great  l^ritain  and  Spain. 

By  reason,  in  the  next  place,  of  the  acquiescence  of  Spain  in  various  transactions  to  which  it  is 
not  to  be  supposed  that  that  power  would  have  assented,  had  she  not  felt  bound  by  the  provisions 
of  the  convention  in  question. 

And,  thirdly,  by  reason  of  repeated  acts  of  the  Government  of  the  United  States,  previous  to  the 
conclusion  of  the  Florida  treaty,  manifesting  adherence  to  the  principles  of  the  Nootka  ronve  iition, 
or  at  least  dissent  from  the  exclusive  pretensions  of  Spain. 

Having  thus  replied,  and  he  hopes  satisfactorily,  to  the  observations  of  tlie  American  Plenipo- 
tentiary with  respect  to  the  effect  of  the  Nootka  Sound  convention  and  the  Florida  treaty,  as 
bearing  upon  the  subject  of  the  present  discussion,  the  undersigned  must  endeavour  to  show  that 
even  if  the  Nootka  Sound  convention  had  never  existed,  the  position  of  Great  Britain  in  regard 
to  Iter  claim,  whether  to  the  whole  or  to  any  particular  portion  of  the  Oregon  territory,  is  at  least 
as  good  as  that  of  the  United  States. 

This  branch  of  the  subject  must  be  considered,  first,  with  reference  to  principle — to  the  riglit 
of  their  party,  Great  Britain  or  the  United  States,  to  explore  or  make  settlements  in  the  Oregon 
territory  without  violation  of  the  rights  of  Spain  ;  and  next,  supposing  the  first  to  be  decided 
affirmatively,  with  reference  to  the  relative  value  and  importance  of  the  acts  of  discovery,  explo- 
ration, and  settlements  effected  by  each. 

As  relates  to  the  question  of  principle,  the  undersigned  thiriks  he  can  furnish  no  better  argu- 
ment than  that  contained  in  the  following  words,  which  he  has  dready  once  quoted  from  the  state- 
ment of  the  American  Plenipotentiary. 

"  The  title  of  the  United  States  to  the  valley  of  the  Columbia,  is  older  than  the  Florida  treaty 
of  February,  1819,  under  which  the  United  States  accpiircd  all  the  rights  of  Spain  to  the  north- 
west coast  of  America,  and  exists  independently  of  its  provisions."  And  again,  "  the  title  of  the 
United  States  to  the  entire  region  drained  by  the  Columliia  river  and  its  branches,  was  perfect  and 
complete  before  the  date  of  the  treaties  of  joint  occupancy  of  October,  1818,  and  August,  1827." 
The  title  thus  referred  to,  must  be  that  resting  on  discovery,  exploration,  and  settlement. 
If  this  title  then,  is  good,  or  rather  was  good,  as  against  the  exclusive  pretensions  of  Spain, 
previously  to  the  conclusion  of  the  Florida  treaty,  so  must  the  claims  of  Great  Britain,  resting  on 
the  same  grounds,  be  good  also. 

Thus,  then,  it  seems  manifest  that,  with  or  without  the  aid  of  the  Nootka  Sound  convention, 
the  claims  of  Great  V  Aain,  resting  on  discovery,  exploration,  and  settlement,  are,  in  point  of  prin- 
ciple, equally  valid  with  those  of  the  United  States. 

Let  us  now  see  how  the  comparison  will  stand  when  tried  by  the  relative  value,  importance,  and 
authenticity  of  each. 

Rejecting  previous  discoveries  north  of  the  4 2d  parallel  of  latitude  as  not  sufficiently  authenti- 
cated, it  will  be  seen,  on  the  side  of  Great  Britain,  that  in  177G,  Captain  Cook  discovered  Cape 
Flattery,  the  southern  entrance  of  the  Straits  of  Fuca.  Cook  must  also  be  considered  the  disco- 
verer of  Nootka  Sound,  in  consequence  of  the  want  of  authenticity  in  the  alleged  previous  disco- 
very of  that  port  by  Perez, 

In  1787,  Captain  Berkeley,  a  British  subject,  in  a  vessel  under  Austrian  colours,  discovered  the 
Straits  of  Fuca. 

In  the  same  year,  Captain  Duncan,  in  the  ship  Princess  Royal,  entered  the  straits,  and  traded 
at  the  village  of  Classet. 

In  1788,  Meares,  a  British  subject,  formed  the  establishr-ient  at  Nootka,.vfhich  gave  rise  to  the 
memorable  discussion  with  the  Spanish  Government,  ending  in  the  recognition,  by  that  power,  of 
the  right  of  Great  Britain  to  form  settlements  in  the  unoccupied  parts  of  the  north-west  portion 
of  the  American  continent,  and  in  an  engagement,  on  the  part  of  Spain,  to  reinstate  Meares  in 

the  possession  from  which  he  had  been  ejected  liy  the  Spanish  commanders. 

In  1792,  Vancouver,  who  had  been  sent  from  England  to  witness  the  fulfilment  of  the  above- 
mentioned  engagement,  and  to  eflfect  a  survey  of  the  north-west  coast,  departing  from  Nootka 
Sound,  entered  the  Straits  of  Fuca  ;  and  after  an  accurate  survey  of  the  coasts  and  inlets  on  both 
sides,  discovered  a  passage  northwards  into  the  Pacific  by  which  he  returned  to  Nootka,  having 
thus  circumnavigated  the  island  which  now  bears  his  name.  And  here  we  have,  as  far  as  relates 
to  Vancouver's  Island,  as  complete  a  case  of  discovery,  exploration,  and  settlement  as  can  well  be 
presented,  giving  to  Great  Britain,  in  any  arrangement  that  may  be  made  with  regard  to  the 
territory  in  dispute,  the  strongest  possible  claim  to  the  exclusive  possession  of  that  island. 

Wliile  Vancouver  was  prosecuting  discovery  and  exploration  by  sea.  Sir  Alexander  Mackenzie, 
a  partner  in  the  North-west  Company,  crossed  the  Rocky  Mountains,  discovered  the  head  waters 
of  the  river  since  called  Frazer's  River,  and,  following  for  some  time  the  course  of  tliat  river, 
effected  a  passage  to  the  sea,  being  the  first  civilized  man  who  traversed  the  continent  of  America 
from  sea  to  tea  in  those  latitudes.  On  the  return  of  Mackenzie  to  Canada,  the  North-west  Com- 
pany established  trading  posts  in  the  country  to  the  westward  of  the  Rocky  Mountains. 

In  1806  and  1811,  respectively,  the  same  company  established  posts  on  the  Tacoutche,  Tesse, 
and  the  Columbia. 

In  the  year  1811,  Thompson,  the  astronomer  of  the  North-west  Company,  discovered  the 
northern  head  waters  of  the  Columbia,  and,  following  its  course  till  joined  by  the  rivers  previ- 
ously discovered  by  Lewis  and  Clarke,  he  continued  his  journey  to  the  Pacific. 

From  that  time  till  the  year  1818,  when  the  arrangement  for  the  joint  occupancy  of  the  terri- 
tory was  concluded,  the  North-west  Company  continued  to  extend  their  operations  throughout 
the  Oregon  territory,  and  to  "  occupy,"  it  may  be  said,  as  far  as  occupation  can  be  effected  in 
regions  so  inaccessible  and  destitute  of  resources. 

While  all  this  was  tiassinir.  th^  fnllnwinfr  nvr.n»^  n^Pnrrn.l  «,l.iM.  ^»n.fU..t»  .!-»   A.„-= .-■ 


made  to  it  on  the  part  of  England  during  the  negotiation  of  tliat  year  on  the  Oregon  (juestioii. 

In  reply  to  this  argument  it  will  he  sufficient  for  the  undersigned  to  remind  the  American 
plenipotentiary  that  in  the  year  1818  no  claim,  as  derived  from  Spain,  was  or  could  he  jmt  forth 
by  the  United  States,  seeing  that  it  was  not  until  the  following  year  (the  year  1819),  that  the 
treaty  was  concluded  hy  which  Spain  transferred  to  the  United  States  her  rights,  claims,  and  pre- 
tensions to  any  territories  west  of  the  Uocky  Mountains,  and  north  of  the  42d  parallel  of  latitude. 

Hence,  it  is  obvious  that  in  the  year  of  1818  no  occasion  had  arisen  for  appealing  to  the  qua- 
lified nature  of  the  rights,  claims,  and  pretensions  so  transferred — a  qualification  imposed,  or  at 
least  recognized,  by  the  conveniion  of  Nootka. 

The  title  of  the  United  Stales  to  the  valley  of  the  Columbia,  the  American  Plenipotentiary 
observes,  is  older  than  the  Florida  Treaty  of  February,  1819,  and  exists  independently  of  its  pro- 
visions* Even  supposing,  then,  that  the  British  construction  of  the  Nootka  Sound  convention 
was  correct,  it  could  not  apply  to  this  portion  of  the  territory  in  dispute. 

The  undersigned  must  be  permitted  respectfully  to  inquire  upon  what  principle,  tmless  it  be 
upon  the  princijde  which  fo;ms  the  foundation  of  the  Nootka  convention,  could  the  United  States 
have  acquired  a  title  to  any  part  of  the  Oregon  territory,  previously  to  the  treaty  of  1H19,  and 
independently  of  its  provisions?  By  discovery,  exploration,  settlement,  will  be  the  answer. 

But,  says  the  American  Plenipotentiary,  in  another  part  of  his  statement,  the  rights  of  S|»aiii  to 
the  west  coast  of  America,  as  far  north  as  the  61st  degree  of  latitude,  were  so  complete  as  never 
to  have  been  seriously  questioned  by  any  European  nation. 

They  had  been  maintained  by  Spain  with  the  most  vigilant  jealousy,  ever  since  the  discovery 
of  the  American  continent,  and  had  been  acquiesced  in  by  all  European  Powers.  They  had  been 
admitted  even  by  Russia,  and  that,  too,  imder  a  sovereign  peculiarly  tenacious  of  the  territorial 
rights  of  her  empire,  who,  when  complaints  had  been  made  to  the  cpurt  of  Russia  against  Ilussiaii 
subjects,  for  violating  the  Spanish  territory  on  the  north  west  coast  of  America,  did  not  hesitate 


r-ry^tyrfmr^ 


to  assure  the  King  of  Spain  tliat  she  was  extremely  sorry  that  tlie  repeatetl  orders  issued  to  pre- 
vent the  subjects  of  Russia  from  violatijjg,  in  the  sn)ullest  degree,  the  territory  belonging  to 
"another  power,  should  have  been  disobeyed. 

In  what  did  this  alleged  violation  of  territory  co'isist  ?  Assuredly  in  some  attcnptcd  acts  of 
discovery,  exploration,  or  settlement. 

At  that  time  Russia  stood  in  exactly  the  same  position  with  reference  to  the  exclusive  rijriits 
of  Spain  as  the  United  States;  and  any  acts  in  contravention  of  those  rights,  wiicther  cnianatiiig 
from  Russia  or  from  the  United  States,  would  necessarily  he  judged  by  one  and  the  same  rule. 
How  then  can  it  be  pretended  that  acts  which,  in  the  case  of  Russia,  were  considered  as  cri 
minal  violations  of  the  Spanish  territory,  should,  in  the  case  of  citizens  of  the  United  States,  he 
appealed  to  as  constituting  a  valid  title  to  the  territory  affected  by  them  ;  and  yet  from  this 
inconsistency  the  American  Plenipotentiary  cannot  escape,  if  he  persists  in  considering  the  Ame- 
rican title  to  have  been  perfected  by  discovery,  exploration,  and  settlement,  when  as  yet  Spain 
had  made  no  transfer  of  her  rights,  if,  to  use  his  own  words,  "  that  title  is  older  than  the  Florida 
treaty,  and  exists  independently  of  its  provisions." 

According  to  the  doctrine  of  exclusive  dominion,  the  exploration  of  Lewis  and  Clarke,  and  the 
establishment  founded  at  the  mouth  of  the  Columbia,  must  be  condeumed  as  encroachments  ou 
the  territorial  rights  of  Spain. 

According  to  the  opposite  principle,  by  which  discovery,  exploration,  and  settlement  are  consi- 
dered as  giving  a  valid  claim  to  territory,  those  very  acts  are  referred  to  in  the  course  of  the 
same  paper  as  constituting  a  complete  title  in  favour  of  the  United  States. 

Besides,  how  shall  we  reconcile  this  high  estimation  of  the  territorial  rights  of  Spain,  consi- 
dered independently  of  the  Nootka  Sound  convention,  with  the  course  observed  by  the  United 
States  in  their  diplomatic  transactions  with  Great  Britain,  previously  to  the  conclusion  of  the 
Florida  treaty  ?  The  claim  advanced  for  the  restitution  of  Fort  George,  under  the  first  article  of 
the  treaty  of  Ghent ;  the  arrangement  concluded  for  the  joint  occupation  of  the  Oregon  terri- 
tory by  Great  Britain  and  the  United  States;  and,  above  all,  the  proposal  actually  made  on  the 
part  of  the  United  States  for  a  partition  of  the  Oregon  territory ;  all  which  transactions  took 
place  in  the  year  1818,  when  as  yet  Spain  had  made  no  transfer  or  cession  of  her  rights — apj)ear 
to  be  as  little  reconcilable  with  any  regard  for  those  rights,  while  still  vested  in  Spain,  as  the 
claim  founded  on  discovery,  exploration,  and  settlement,  accomplished  previously  to  the  transfer 
of  those  rights  to  the  United  States. 

Supposing  the  arrangement  proposed  in  the  year  1818,  or  any  other  arrangement  for  the  par- 
tition of  the  Oregon  territory  to  have  been  concluded  in  those  days,  between  Great  Britain  and 
this  country,  what  would,  in  that  case,  have  become  of  the  exclusive  rights  of  Spain  ? 

There  would  have  been  no  refuge  for  the  United  States  but  in  an  appeal  to  the  principles  of  the 
Nootka  convention. 

To  deny,  then,  the  validity  of  the  Nootka  convention,  is  to  proclaim  the  illegality  of  any  title 
founded  on  discovery,  exploration,  or  settlement,  previous  to  the  conclusion  of  the  Florida  treaty. 
To  appeal  to  the  Florida  treaty  as  conveying  to  the  United  States  any  exclusive  rights,  is  to 
attach  a  character  of  encroachment  and  of  violation  of  the  rights  of  Spain  to  every  act  to  which 
the  United  States  appealed  in  the  negotiation  of  1818,  as  giving  them  a  claim  to  territory  on 
the  north-west  coast. 

These  conclusions  appear  to  the  undersigned  to  be  irresistihle. 

The  United  States  can  found  no  claim  on  discovery,  exploration,  and  settlement,  effected  pre- 
viously to  the  Florida  treaty,  without  admitting  the  principles  of  the  Nootka  convention,  and 
the  consequent  validity  of  the  parrallel  claims  of  Great  Britain  founded  on  like  acts  ;  nor  can 
they  appeal  to  any  exclusive  right  as  acquired  by  the  Florida  treaty,  without  upsetting  all  claims 
adduced  in  their  own  proper  right,  by  reason  of  discovery,  exploration,  and  settlement,  ante- 
v^  cedent  to  that  arrangement. 


in  their  c 

In  179 

In  18!) 
branch  o 

In  181 
lumbia,  t 

Thisp 
the  perse 
in  1818, 
America! 
pied  by  1 

These 
as  giving 

TheB 
them  the 
attendinj 
subject,  1 
as  giving 

In  the 
navigato 
in  a  nati 
Cook  an( 
to  the  n( 

In  the 
followed 

made  kn 

as  the  y< 

one  of  t! 

Gray's  d 

In  the 

'   rupted  b 

'■  Chathan 

With 

•  route  pu 
'  their  hoi 
!  cipal  bra 
i  versed  a 

•  Thom 
the  nort 
drah.ed 

j       It  wai 

I  stream  c 

:   miles  fr( 

j       These 

'  Clarke's 

;  whole  vi 

i       As  to 

;  theresti 

It  wil 

explorat 

the  Ore! 

That 

rest  the 

a  claim 

That, 

;.   Britain, 

]       After 

1  tive  vail 

will  not 

offered 

This 

:  negotiai 

Ontl 

both  pa 

Ontl 

while,  \ 

49°,  th( 

j  claim  t< 

I       The  1 

some  fii 

.   and  eqi 

I   statemc 

plenipo 

Thei 

Secreta 

Hon. 


II  <iiicstioii. 
Amcricuu 
e  imt  forth 
),  that  the 
18,  and  pre- 
oflatitudc. 
to  the  (jua- 
osed,  or  ut 

ipotentiary 
■  of  its  pro- 
convention 

iloss  it  be 
lited  States 
1H19,  and 
swer. 

of  Spain  to 
;tc  as  never 

1  discovery 
y  had  been 
territorial 
nst  Uussiai 
lot  hesitate 


in  their  own  proper  right. 

In  1792,  Gray  entered  the  mouth  of  the  Columbia  River. 

In  1805,  Lewis  and  Clarke  effected  a  passage  across  the  Rocky  Mountains,  and  discovering  a 
branch  of  the  Columbia  River,  followed  it  until  tliey  reached  the  ocean. 

In  1811,  the  trading  post  or  settlement  of  Astoria  wa^  established  at  the  mouth  of  the  Co- 
lumbia, on  the  northern  side  of  that  river. 

This  post  or  settlement  passed  during  the  last  war  into  British  hands  by  the  voluntary  act  of 
the  persons  in  charge  of  it — a  fact  most  clearly  established.  It  was  restored  to  the  United  States 
in  1818,  with  certain  well-authenticated  reservations  ;  but  it  was  never  actually  re-occupied  by 
American  citizens,  having,  from  the  moment  of  the  original  transfer  or  sale,  continued  to  be  occu- 
pied by  British  subjects. 

These  are  the  acts  of  discovery,  exploration,  and  settlement,  referred  to  by  the  United  States 
as  giving  them  a  claim  to  the  valley  of  the  Columbia,  in  their  own  proper  right. 

The  British  Government  are  disposed  to  view  them  in  the  most  liberal  sense,  and  to  give  to 
them  the  utmost  value  to  which  they  can  in  fairness  be  entitled  ;  but  there  are  circumstances 
attending  each  and  all  of  them,  which  must,  in  the  opinion  of  any  impartial  investigator  of  the 
subject,  take  from  them  a  great  deal  of  the  effect  which  the  American  negotiators  assign  to  them 
as  giving  to  this  country  a  claim  to  the  entire  region  drained  by  the  Columbia  audits  branches. 

In  the  first  place,  as  relates  to  the  discovery  of  Gray,  it  must  be  remarked  that  he  was  a  private 
navigator,  sailing  principally  for  the  i)ur|)oses  of  trade,  which  fact  establishes  a  wide  difference, 
in  a  national  point  of  view,  between  tiic  discoveries  accomplished  by  him  and  those  effected  by 
Cook  and  Vancouver,  who  sailed  in  ships  of  the  Koyal  navy  of  Great  Britain,  and  who  were  sent 
to  the  north-west  coast  for  the  express  purpose  of  exploration  and  discovery. 

In  the  next  place,  it  is  a  circumstance  not  to  be  lost  sight  of,  that<it  was  not  for  several  years 
followed  up  by  any  act  which  could  give  it  value  in  a  nuliunal  point  of  view  ;  it  was  not  in  truth 


'■■;:iKi«i{8^:^lijPiii^i>ife;-rt,>..^^ 


iued  to  pro 
iloiigiiig   to 

cd  acts  ol' 

isive  rights 
emanating 

same  rule, 
red  as  cri  • 

d  States,  be 
from  tbih, 

ig  the  Amc- 

)  yet  Si)aiii 
the  Florida 

ke,  and  the 
chmenls  on 

it  are  consi- 
irse  of  tiie 

)ain,  consi- 
tlic  United 
isioii  of  the 
St  article  of 
•egon  terri- 
nade  on  the 
ictions  took 
lits — ai)i)ear 
ain,  as  the 
the  transfer 

for  the  par- 
Britain  and 

1? 

ciplcsof  the 

'  of  any  title 
orida  treaty, 
ights,  is  to 
act  to  which 
territory  on 


effected  prc- 
ention,  and 
ts ;  nor  can 
ng  all  claims 
ment,  ante- 


made  known  to  the  world  either  by  the  discoverer  himself,  ov  by  his  Government.  So  recently 
as  the  year  182G,  the  American  Plenipotentiaries  in  fiondon  remarked,  with  great  con  eetness,  in 
one  of  their  reports,  that,  *'  respecting  the  mouth  of  the  Columbia  River,  we  know  nothing  of 
Gray's  discoveries  but  through  British  accounts." 

In  the  next  i)lacc,  the  connexion  of  Gray's  discovery  with  tliat  of  Lewis  and  Clarke  is  inter- 
rupted  by  the  intervening  exploration  of  jLieulcnant  iJroughtou,  of  the  British  surveying-ship 
Chatham. 

With  respect  to  the  expedition  of  Lewis  and  Clarke,  it  must,  on  a  close  examination  of  the 
route  pursued  by  them,  be  confessed  that,  neither  on  their  outward  journey  to  the  Pacific,  nor  on 
their  homeward  journey  to  the  United  States,  did  they  touch  upon  the  head  waters  of  the  prin- 
cipal branch  of  the  Columbia  River,  which  lie  far  to  the  north  of  the  parts  of  the  country  tra- 
versed and  explored  by  them. 

Thompson,  of  the  British  North-west  Company,  was  the  first  civilized  person  who  navigated 
the  northern,  in  reality  the  main  branch  of  the  Columbia,  or  traversed  any  part  of  the  country 
drahied  by  it. 

It  was  by  a  tributary  of  the  Columbia,  that  Lewis  and  Clarke  made  their  way  to  the  main 
stream  of  that  river,  which  they  reached  at  a  point  distant,  it  is  believed,  not  more  than  200 
miles  from  the  point  to  which  the  river  had  already  been  explored  by  Broughton. 

These  facts,  the  undersigned  conceives,  will  be  found  sufficient  to  reduce  the  value  of  Lewis  and 
Clarke's  exploration  on  the  Columbia  to  limits  which  would  by  no  means  justify  a  claim  to  the 
whole  valley  drained  by  that  river  and  its  branches. 

As  to  settlement,  the  qualified  nature  of  the  rights  devolved  to  the  United  States,  by  virtue  of 
the  restitution  of  Fort  Astoria,  has  already  been  pointed  out. 

It  will  thus  be  seen,  the  undersigned  confidently  believes,  that  on  the  grounds  of  discovery, 
exploration,  and  settlement.  Great  Britain  has  nothing  to  fear  from  a  comparison  of  her  claims  to 
the  Oregon  territory,  taken  as  a  whole,  with  those  of  the  United  Slates. 

That  reduced  to  the  valley  drained  by  the  Columbia,  the  facts  on  which  the  United  States 
rest  their  case  are  far  from  being  of  that  complete  and  exclusive  character  which  would  justify 
a  claim  to  the  whole  valley  of  tlie  Columbia;   atid 

That,  especially  as  relates  to  "Vancouver's  Island,  taken  by  itself,  the  preferable  claim  of  Great 
Britain,  in  every  point  of  view,  seems  to  have  been  clearly  demonstrated. 

After  this  exposition  of  the  views  entertained  by  the  British  Government  respecting  the  rela- 
tive value  and  importance  qf  the  British  and  American  claims,  the  American  Plenipotentiary 
will  not  be  surprised  to  hear  that  the  undersigned  docs  not  feel  at  liberty  to  accept  the  proposal 
offered  by  the  American  Plenijiotentiary  for  the  settlement  of  the  question. 

This  proposal,  in  fact,  offers  less  than  that  tendered  by  the  American  plenipotentiaries  in  the 
negotiation  of  1826,  and  declined  by  the  British  Government. 

On  that  occasion  it  was  proposed  that  the  navigation  of  the  Columbia  should  be  made  free  to 
both  parties. 

On  this,  nothing  is  said  in  the  proposal  to  which  the  undersigned  has  now  the  honour  to  reply; 
while,  with  respect  to  the  proposed  freedom  of  the  ports  on  Vancouver's  Island  south  of  latitude 
49°,  the  facts  which  have  been  appealed  to  in  this  paper,  as  giving  to  Great  Britain  the  strongest 
claim  to  the  possession  of  the  whole  island,  would  seem  to  deprive  such  a  proposal  of  any  value. 

The  undersigned,  therefore,  trusts  that  the  American  Plenipotentiary  will  be  prepared  to  offer 
some  further  proposal  for  the  settlement  of  the  Oregon  question  more  consistent  with  fairness 
and  equity,  and  with  the  reasonable  expectatioiis  of  the  British  Government,  as  defined  in  the 
statement  (marked  D),  which  the  undersigned  had  the  honour  to  present  to  the  Aniericau 
plenipotentiary  at  the  early  jiart  of  the  present  negotiation. 

The  undersigned  British  Plenipotentiary  has  the  honour  to  renew  to  the  Hon.  James  Buchanan, 
Secretary  of  State  and  Plenipotentiary  of  the  United  States,  the  assuranceofhishigh consideration. 

Hon.  James  Buchanan,  Hfc.  P.  PAKENHAM. 


T?*f 


ir 


^1 


Map  of  Oregov  Coi3NTinr,  June  6.1838. with  Report  of  Senator  Lwn 


LIBRARY  OF 

Number 


^ 


'■>  •;«:..■. 


